This text of Nebraska § 69-2409.01 (Database; created; criminal history record information; disclosure; limitation; liability; prohibited act; violation; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(a) For purposes of criminal history record information checks relating to firearms or explosives, the Nebraska State Patrol shall be furnished with only such information as may be necessary for the purposes of determining whether an individual is:
(i)Qualified to receive a permit to carry a concealed handgun under section 69-2433 ; or
(ii)Disqualified from purchasing or possessing firearms or explosives pursuant to state or federal law.
(b)The clerks of the various courts shall furnish to the Department of Health and Human Services and Nebraska State Patrol, as soon as practicable but within thirty days after a court order is issued, in a form and manner prescribed by the Department of Health and Human Services or the Nebraska State Patrol, as applicable, all information necessary
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(1)(a) For purposes of criminal history record information checks relating to firearms or explosives, the Nebraska State Patrol shall be furnished with only such information as may be necessary for the purposes of determining whether an individual is:
(i) Qualified to receive a permit to carry a concealed handgun under section 69-2433 ; or
(ii) Disqualified from purchasing or possessing firearms or explosives pursuant to state or federal law.
(b) The clerks of the various courts shall furnish to the Department of Health and Human Services and Nebraska State Patrol, as soon as practicable but within thirty days after a court order is issued, in a form and manner prescribed by the Department of Health and Human Services or the Nebraska State Patrol, as applicable, all information necessary to set up and maintain the database required by this section. The clerks of the various courts shall furnish information regarding those persons who:
(i) Are disqualified from purchasing or possessing firearms or explosives pursuant to state or federal law, including, but not limited to, 18 U.S.C. 922(d)(4) and (g)(4);
(ii) Are currently receiving mental health treatment pursuant to a commitment order of a mental health board or have been discharged;
(iii) Have been committed to treatment pursuant to section 29-3702 ;
(iv) Meet the definition of adjudicated as a mental defective or committed to a mental institution pursuant to 27 C.F.R. 478.11, including individuals found not responsible by reason of insanity, found not competent to stand trial, found to lack the mental capacity to manage their own affairs, or otherwise found by a court to be not competent; and
(v) Have had firearm-related disabilities removed pursuant to section 71-963 .
(c) The mental health board shall notify the Department of Health and Human Services and the Nebraska State Patrol when an individual's firearm-related disabilities have been removed pursuant to section 71-963 .
(d) The department shall maintain in the database information provided by the clerks of the various courts pursuant to this section and a listing of persons committed to treatment pursuant to section 29-3702 .
(e) To ensure the accuracy of the database, any information maintained or disclosed under this subsection shall be updated, corrected, modified, or removed, as appropriate, and as soon as practicable, from any database that the state or federal government maintains and makes available to the National Instant Criminal Background Check System. The procedures for furnishing the information shall guarantee that no information is released beyond what is necessary for purposes of this section.
(2) In order to comply with sections 69-2401 and 69-2403 to 69-2408 and this section, the Nebraska State Patrol shall provide to the chief of police or sheriff of an applicant's place of residence only the information regarding whether or not the applicant is disqualified from purchasing or possessing a handgun.
(3) Any person, agency, or mental health board participating in good faith in the reporting or disclosure of records and communications under this section is immune from any liability, civil, criminal, or otherwise, that might result by reason of the action.
(4) Any person who intentionally causes the Nebraska State Patrol to request information pursuant to this section without reasonable belief that the named individual has submitted a written application under section 69-2404 or 69-2430 or is otherwise subject to a criminal history record information check pursuant to law shall be guilty of a Class II misdemeanor in addition to other civil or criminal liability under state or federal law.